FORT WORTH, Texas The U.S. military’s highest court ousted the judge in the Fort Hood shooting case Monday and threw out his order to have the suspect’s beard forcibly shaved before his court-martial.

The U.S. Court of Appeals for the Armed Forces ruled that Col. Gregory Gross didn’t appear impartial while presiding over the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings on the Texas Army post that killed 13 people and wounded more than two dozen others.

But the court said it was not ruling on whether the judge’s order violated Hasan’s religious rights. Hasan has argued that his beard is a requirement of his Muslim faith, although facial hair violates Army regulations.

“Should the next military judge find it necessary to address (Hasan’s) beard, such issues should be addressed and litigated anew,” judges wrote in the ruling.

Hasan appealed after Gross ordered that he must be clean-shaven or be forcibly shaved before his court-martial, a military trial.

The court-martial had been set to begin three months ago, but has been on hold pending the appeals.

In a statement issued Monday night, Fort Hood officials said proceedings in the case will resume after a new judge is appointed by the Army’s highest legal branch. That indicates Army prosecutors will not appeal this ruling to the U.S. Supreme Court.

An Army appeals court had upheld the shaving requirement in October. But on Monday, the U.S. Court of Appeals for the Armed Forces said the command, not the judge, was responsible for enforcing grooming standards. The ruling said that was one example of how Gross did not appear impartial in the case.

Gross had repeatedly said Hasan’s beard was a disruption to the court proceedings, but the military appeals court ruled that there was insufficient evidence to show that his beard interfered with the hearings.

Gross found Hasan in contempt of court at six previous pretrial hearings because he was not clean-shaven, then sent him to a nearby trailer to watch the proceedings on a closed-circuit television. The appeals court’s ruling also vacated the contempt of court convictions.

At a June hearing, lead defense attorney Lt. Col. Kris Poppe said the judge showed a bias against Hasan when he asked defense attorneys to clean up a court restroom after Gross found a medical waste bag, adult diaper and what appeared to be feces on the floor after a previous hearing. Hasan, who is paralyzed from the waist down after being shot by police the day of the shootings, has to wear adult diapers – but the mess in the restroom that day was mud from a guard’s boots, Poppe said.

“In light of these rulings, and the military judge’s accusations regarding the latrine, it could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and (Hasan) rather than an adjudication of the serious offenses with which (Hasan) is charged,” judges wrote in the ruling.

Number One: In the Military, ALL officers and foot soldiers ARE to be “clean shaven.” That IS a regulation. Since he WAS in the Military at the time adhering to all rules and regulations; and, since he IS being tried in a Military Court NOT a Civilian Court, by their own standards, he SHOULD BE clean shaven.

funny…because if you are in the brig/jail..Military rules still apply…this man has to shave, it has nothing to do with his religion. It is army regs. The prosecuting attorney (jag) should use this to his advantage. He (Hasan) obviously takes his religion more seriously then the Army, therefore he IS to be COURTMARTIALED and sentanced for treason.

Shot (sic) an email to my Air Force paralegal this a.m. asking what he thought of this. This could go two ways. First it is an attempt to place a shari’a compliant judge in the seat. Or it could be an attempt by the military to eliminate any trace of bias. This conviction carries the death penalty and automatically os reviewed by the commanderincheif, obama. It would be a very effective jihad for him to demoralize the officer corps, especially, by pardoning this guy.

I think obama would use the Lincoln pardons during the civil war as basis for his actions. I can hear him crying tears with ellison and appealing to humanitarian reasons for such action. He has done enough to already to initiate treason inquiry. This may the straw which breaks the camel’s back. Imagine this, the pardon comes on his way out and his successor pardons obama. Talk about alternate universe!

agreed on this and you conveyed that better than we could – “an attempt by the military to eliminate any trace of bias” and therefore lead to a conclusion in the trial and presumably a sentence of death – that may take years

of course critics will claim it was about the judge’s other comments but this is very similar to the guy arrested and jailed for “violating probation” AFTER Obama et al falsely and intentionally blamed the deaths of Americans on his video trailer; Sharia 1 – Military Code 0; taxpayers still on the hook

off topic but related, there is a pattern of quickly convicting the lowest level FBI informed cases of jihad plots (and or false flags) but can you think of a single case where undetected and successful Islamic attacks were quickly prosecuted and/or ended in the death penalty? a single case?

No, I cannot. There is precedent for affording the accused every means to defend themselves. This is taken to the absurd when concerning islam which is not either a religion or political system. Judges, lawyers and fellow legal people do not want to be seen as opposed to islam, but what about supporting the country which gave them the responsibility and the oath they took? This is where, I think, the TERROR concept in islam regarding non-moslems pays its part.

You make a very good point. It is going take many people to call out to our congress on both sides of the isle on the threat of Islam in this country. Of course the media is not helping this cause especially CNN.
I understand their fears of offending Islime because a fatwa being waged on them but the muslims are very much the minority in this country.
The only real threat at this point is are troops and non muslims aacross the globe will be put to death by the muslim majority but they are doing this anyways. I say bring our troops home. Congress needs to act on this as soon as possible…

AMEN! My son still has six years in his chosen branch and anything can happen to cause his redeploy. Sometimes I think the indoctrination troops receive about ‘be-kind-to-moslens, BKM’ causes some of them to hesitate long enough for the heroes of the islamic revolution to pull the trigger.

A beard is not a religious requirement if it was why didn’t he have one before he commited these murders. And if it is true then why don’t all the frickin muslims in this country wear beards? They are just lying again like they always do. Peace to all non-muslims who know that they are just pushing people around.

OMG!!!! Exactly how much longer will we put up with this!?!? Obama’s cronies are ultimately behind this insanity!!!!! Obama will dance in the streets if this slimeball is acquitted because he (BHO) is so muzzlum that he reeks!!! “GIVE US BARABBAS!”

This is an outrage, a mockery of military justice. First, Obama has the incident labeled a work place violence episode. Ridiculous! When people say that the Muslim Brotherhood infiltrated the Government, they only have to look at this episode to prove their point. This scum bag Major will get off because his rights to a speedy and fair trial are violated. Sick sick sick! We need a new direction in this country. One that is rid of the likes of the policy makers behind this treasonous action.

Those Officers in Fort Hood are a bunch of sorry nogood Pussies they should resign there commission and let some real Officers take over the Trial and put that Moslem sack of shit to Death yesterday,Islam is the reason the shootings happend,so Hang that sorry Moslem.

After 3 yrs. this pig hasn’t been tried? And they are quibbling about his religious rights/beard when his religion is the reason he murdered 13 of our soldiers? What the hell is wrong with our military..other than Obama and Panetta? The US Army is holding tradition (no facial hair-big deal) above convicting this slime and putting him before a firing squad. A few months back, the Commandant of the Military Academy recinded an invitation they sent and anti-Islamic US General to speak because a pack of Islamists complained – and this past weekend, the chapel at West Point held its first homosexual wedding. How lovely.

This isn’t the military in which my sons and their Dad served – it’s so full of sissies and wimps and has become a political ploy for Islam and Obama. They are a disgrace…….should all run for Congresss.

The only reason our youth join is for love of country; the upper echelon/brass wouldn’t blow their collective noses without asking the powers that be.

Never, ever thought I would feel like this about those who serve. It’s sad.

Obama needs to be tried for treason…the only reason this muslim bag of toxic slime is still breathing is because OBAMA is pulling the strings from the White House, firstly HE is the one who has got this murderous jihadist slaughter renamed ” workplace violence” and Obama will continue to drag this out in order to spare this POS life, Hasan should have already been executed, In the military once, he would have been shot at dawn the next day,,we ALL KNOW HE DID IT!! he shouldn;t have even had time to grow that carpet on his face , he should have met his death and his 72 hags the very next morning!!!Are there any politicians in America who have balls any bigger than marbles? whats wrong with America? where is the outrage ? I can’t believe this!

It’s a well-established fact that before the fall of the ancient Roman Empire their military forces became overwhelmed with homosexual activity. Let there be no doubt that our defense system is becoming weaker by the moment–thanks to the muzzlum-in-chief and his cronies–and that’s one of many reasons that the muzzlums want to kill us. He, Obama, may be trying to appease them and everybody else, but they hate all of us, including the muzzlum-in-chief. They’re using him to make sure they have a clear path to infiltrate our govenment on every level.To their way of thinking, we are a bunch of wicked sinners (“the great satan”)–and sadly, they don’t have far to look in order to make their point!!! May God help us!!!!!

Funny how no one in the government is bringing up the fact that this terrorist took an oath where he swore to uphold The Constitution of The United States. He was supposed to be Loyal to The United States. The second he fired a weapon at his fellow soldiers he was guilty of Treason because he placed Islam above his sworn oath.

First thing that upsets me is Maj. Nidal Hasan is still collecting his military pay. Secondly, I would not kill him right away, I would bury him so far under the prison, where he will never see day light again. Put him in solitary confinement, no visitors, no radio, TV, books news papers, or visitors. Not even a watch. That way, he can spend all his time praying to Allah. Also it is time to stop the Army’s 09 Lima Program. Since you do not have to declare your Religious Preference, we have no way of knowing how many Nidal Hasan’s there are in the American Military. I would also make sure some do gooder in the pay-roll department doesn’t keep paying him. The way things are, I am surprised that Hasan hasn’t sued the Police Woman that shot him.

He is still technically in the military until he is found guilty, and has to follow all military regulation until that time. The real question is why he has not been given a direct order to shave by whoever is his commanding officer (jail warden?), so that the judge doesn’t have to do that C.O.’s job?

Just add pile on ‘disobeying a direct order’ and/or ‘grooming violations’ to his charges and get on with it. The sooner he fries the sooner he can go to hell and be with Allah (where the quran clearly says that Allah resides).

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On a completely unrelated note; I think you conservacins have completely lost your nut about BHO being a traitor. It’s truly funny to watch your total implosion because he won a second term. I’m a liberal and I can’t stand BHO because he is too centrist and too tolerant of Islam, but from reading the articles linked to TROP one would think that he was Stalin/Benedict Arnold/Mohammad/The Anti-Christ reborn.

America has reached a tipping point, The upper middle class is gone (the only group with a REAL reason to vote Republican), (intolerant) Christians are a dwindling minority, and (racist) Whites are an even smaller minority. So pace your apoplexy, because the next president will be even more liberal (even if he is a Republican), and the one after that will be a flaming commie.

All we can do (liberals and conservatives) is make sure that Muslims/Islam/Sharia are NOT part of the future non-White majority, or you can waste your time squinting at Bary’s birth certificate looking for the forgery marks. :P

People do not realize how much of a threat Islam and Sharia Law is. You have to remember that all non Muslims are considered Infidels, who have to convert to Islam, be in slaved, or killed. They are now pressing to get a blasphemy law passed to where if you speak ill of Islam, you can be imprisoned, or in extreme cases executed. Now if that’s not scary, I don’t know what is. I believe Kewait has already passed one, along with most Muslim Countries.

USA had liberated Kuwait from Iraq and only to have Kuwait threaten us nonbelievers with their islam. Next time, if ever there is another war between iraq and kuwait, two of the most notorious islamic countries, USA should just not assist any of them.

I whole heartily agree with you. I think we should pull our military out of Africa, an most other Foreign Countries and put them on our borders. Take a 3 mile strip from the Gulf of Mexico, to the Pacific Ocean an make it a training area for the Military. Give a 7 day pass to every Solider who catches any one coming across our border illegally. I am not sure if we would have to do it to our northern border or not. Our soldiers were used and abused in Iraq and Afghanistan.

You know…the terrible thing about “liberating” Kuwait from Iraq, is that we have done NOTHING to “liberate” the Assyrian people from Iraq or Iran or any of the other countries that have divided “their” country! The “Assyrian” people are the MOST “Christian” race of all the people on this planet…and cannot even “profess” their “Christianity” for if they do…they will be “put-to-death” immediately!

I apologize, I haven’t added on his latest action towards our Military as of today. I have been trying to keep a list. IF you want this for future reference or to add in a blog, please feel free to copy and paste it for yourself.
Obama decides the Ft Hood Shooting was a case of “Work place violence”; instead of Islam infiltrating Our Military;
Rips the Military Budget as he gives politicians a raise;
Cancels Military Retirement;
Changes the Rule of Military Combat Pay;
Ships shell casings of ammunition to China.
Announces to the world about the cut in Nukes;
Orders the Military to lie about Afghanistan;
Flags are flown at half staff when a hero dies — allows the American Flag at half mast for a black singer;
Decides NOT to give a Purple Heart to the survivors of the Ft. Hood Shooting calling it “work place violence”;
Fraudulent Affirmative Action Picked for Head Drill Sergeant;
Slashes 1,200 National Guard to 300 along the borders for Terrorists to enter;
Despite his approving of Sodomy and Bestiality — Military Restores Ban;
Disrespects Seal families;
Veterans’ Cemetery must ban “GOD and Jesus from Military graves.”
Violates the rights of Military Chaplains.
Lies about bin Laden’s death…won’t show pictures or video of Islamic burial at sea….lies about helicopter crash
No seals were Injured during Bin Laden raid…however, those who knew died (can’t remember the exact number)
Repeals DADT….
Wanted injured military to pay for their own medical expenses because they had volunteered to fight in the military…..
(12/28) Breaks Promise to Military and keeps Troops in Afghanistan until 2014
(01/12) Obama quietly signed the NDAA, the National Defense Authorization Act, which nullifies the Bill of Rights and declares America to be a “battleground” in which all American citizens can be arrested, imprisoned, tortured and even killed with no due process.
(2/09) Obama Guts Military and gives Bureaucrats a Raise
(2/10) Denies Hero(s) Purple Hearts — calling Ft. Hood Shootings as Work Place Violence
(2/14) Military Chaplains charged with sedition/Treason for teaching against sin
(2/16) Military to Fake Belly, Breast to better understand how females in the Military feel;
(2/25) Our Military burned Koran and Obama apologized causing the deaths of two Officers who were unarmed were shot in the back of the head in a secured location.
2/26 Obama doesn’t stand with Military as NATO tries to prosecute the Military men who burned Koran;
(2/26) Military Refuses to take orders from him;
(2/26) Takes healthcare away from Military;
Triples co-pay on their insurance.
(2/27) Obama mocks Military by burning a Bible
(2/27) Military now responsible for their own health care (even when they come back from the Middle East without a limb, etc.)
Under the Radar, he sends troops to 4 African countries
Changes Rules of Engagement
Forcing Troops to Lie about the Progress in Afghanistan
Obama threatens Chaplains: “You can’t preach against me in chapel.”

(3/4/12) Obama threatens Chaplains: “You can’t preach against me in chapel.”
(just following) Chaplains cannot preach against sin
3/27/2012 — Tax “our” Military to give to HIS New Military
4/14 – Army Generals Plead With Obama “Bring them HOME”
(4/23) – Military Rates Obama as the worst President they have served with
(4/25) Seals Blast Obama for using them as Campaign tools for going after Osama Bin Laden
(05/01/12) Forcing New West Point Cadets to become PC for Muslims
(05/04/12) Forced Our Military to shove their butts in the air praying position to Islam
(05/05/12) Cuts Military Budget “again” setting us up for defeat
(05/06/12) Chip under the skin for Military Personnel
(05/09/12) Backs Taliban as they Kill Our Military
(05/09/12) Claims Military are fighting on “his” behalf
(05/10/12) Obama Releases Taliban Terrorists while Military Man Held captive for 3 yrs
(05/11/2012) Obama Suspended Classes on Islam — The way to save the world is through Nukes (like WWII)…
05/13/2012) Slashes Military Budget for healthcare to build $750,000 exercise facilities for Muslims who are incarcerated
(05/13/2012) Obama Cuts $13 Billion from TriCare for Military
(05/14/2012) Obama offers purple heart to the victims of terror BUT NOT those at Ft. Hood+ considered Ft. Hood “work Place Violence”
(05/16/2012) The Navy just fired it’s 16th command officer for 2011 REPLACED w/Obama Appointee
Navy Commander Fired Over Falsified Records REPLACED w/ OBAMA Appointee
NAVY FIRED Five Attack Submarines CO’s REPLACED w/ OBAMA Appointees
Navy Fires 10th CO This Year REPLACED w/ OBAMA Appointee
Navy Relieves CO of New Ship REPLACED w/ OBAMA Appointee
Navy Medicine CO Fired for Poor Command Climate REPLACED w/ OBAMA Appointee
USAF CHIEF OF STAFF FIRED REPLACED w/ OBAMA Appointee
NORTHCOM Commander fired REPLACED w/ OBAMA Appointee
15 ARMY GENERAL FIRED REPLACED w/ OBAMA Appointee
5 MARINE GENERALS FRIED REPLACED w/ OBAMA Appointee
( 05/21/12) President Betrayed Troops by releasing a known terrorist killer
(05/23/12) Obama Undermines Troops Putting Taliban in Power as They KILL OUR TROOPS;
(05/28/12) Memorial Day: Makes the day to honor OUR Troops all about him
(06/01/12) Veto promise comes because House GOP leaders are breaking faith with last summer’s budget deal by cutting overall funding for agency operating budgets by $19 billion,almost 2 percent.
(06/07/12) Obama’s uses Memorial Day to Campaing in Photo-Op by blocking families of Vets from D.C. Vietnam Memorial
(06/07/12) Same Sex Marriage on a Military Base
(06/08/12) Obama cuts back on Military causing them to have to improvise
(06/10/12) More Troops Die of Suicide than from War
(06/11/12) Memorial Day-Obama shuts out Military, friends/family forced to pay respect 100(s) of yards from the sit behind a fence
(06/11/12) Prior to this day, VietNam vets and family members denied access to wall
(06/11/12) Too busy to allow the Fly-Over by the Thunderbirds during the Memorial Day Celebration..he cut it short because he had places to go campaign;
(06/14/12) Pentagon Bans Bibles
(06/20/12) More Military are committing suicide than from being killed in battle.
(06/20/12) Disciplines Military for Burning Koran
(06/21/12) Obama Orders Military to Celebrate Gay Pride Month
(06/26/12) Obama Forbids Chaplains to mention Jesus
(06/30/12) Obama allows Terror-Linked CAIR Targets Navy Seals Training
(06/30/12) Obama wants Military to pay-up more on their Tricare Insurance
(07/03/12) Obama sends troops to Persian Gulf-further spreading troops thin
(07/07/12) Obama Refuses to Offer the Flag of the United States to the Family of a Fallen Hero; Gives the Responsibility to the Secretary of Defense
(07/30/12) Obama to Turn Military into Social Workers
(08/02/12) Obama to Keep Military from voting
(08/04/12) Massive Cuts to Military Healthcare
(08/16/12) Obama Campaigns Strikes Back Against Former Navy Seal
(08/21/12) Obama Dismisses Seals “Don’t take them too seriously
(08/21/12) Too many Military Deaths in Middle East — Obama should change plan
(08/21/12) Obama Adds Military Hero(s) to his list of enemies
(08/21/12) Obama Puts Special Ops in Danger
(08/22/12) Officer Penalized for opposing Sharia Training
(08/24/12) Veterans Being Rounded Up Nationwide
(08/25/12) Obama having all of the Military Vets Picked Up
(08/24/12) Military man penalized for NOT wanting to attend PRO Muslim Training
(08/31/12) Obama making Military submit to Sharia
(08/31/12) Sends form letter to fallen Seal Team Six Families
(09/23/12) Increases btw 30% to 79% in Tricare premiums for lst year. Then plan imposes 5-yr increases from 94%
(09/26/12) U.S. Troops Are Being Murdered In Afghanistan: Pentagon’s Answer … Muslim Sensitivity Training
(09/30/12) Shhhh: US military deaths in Afghanistan hit 2,000″
(10/4/12) Obama blames US troops for attacks on them by Afghan security forces, orders Islamic cultural
sensitivity training to 345%-more than 3x’s current levels.
10/12/12 Disabled Vet Considered a Terrorist because he inquires about Cost of Surveillance Camera(s) for his home.
11/03/12 Has Military removed from voting records in Florida
12/02/12 Obama Taking Guns from all Military Vets.
(12/14/12) Obama Fires Lt. Col. Dooley for speaking out against Islam
(12/16/12) Obama Ignores Military Man in Mexican Jail

One thing I’ve noticed in these right wing blogs is that Obama gets criticized for doing the EXACT same things Bush did. NOT one you EVER said ANYTHING when GW sent our troops to Iraq based on lies (Afghanistan should have just been nuked), sent them there without body armour and in unarmoured vehicles, or for committing TREASON by outing Valerie Plame, or for gutting our constitutional right to privacy, or for sneaking the Bin Ladin family out of the country after 9/11. When you nit pick Obama about every little thing (like too many Christmas trees in the white house) but you say nothing about Karl Rove’s treason you lose all credibility.

Still, if you provide the links I will dutifully read them all. I’ll bet my last doughnut that at least 80% of your list is lies and exaggerations.